Weinberg
Weinberg v. Walmart, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ANDREW WEINBERG, individually and Case No.: 23cv454-LL-BLM on behalf of all others similarly situated,
ORDER GRANTING PLAINTIFF’S
Plaintiff, MOTION TO REMAND v. 14 [ECF No. 10]
WALMART INC.,
15 Defendant. 16 17 I. BACKGROUND On March 10, 2023, Defendant Walmart Inc. (“Defendant”) filed a Notice of Removal of this action from San Diego County Superior Court. ECF No. 1. Defendant’s Notice of Removal asserted jurisdiction was proper pursuant to 28 U.S.C. § 1332 because: “(1) Plaintiff Andrew Weinberg’s (“Plaintiff”) proposed putative class includes more than 100 members; (2) diversity of citizenship exists; and (3) the amount placed in controversy by Plaintiff’s claims exceeds $5,000,000, exclusive of interest and costs.” Id. at 2. On March 30, 2023, Plaintiff Andrew Weinberg (“Plaintiff”) filed a Motion to Remand (“Motion”). ECF No. 10. In his Motion, Plaintiff argues that there is no federal equitable jurisdiction and that he lacks standing over…